301.03 How to Determine Residency for Medical Assistance SR 13-36, 11/13 (MAM-A)

If the individual is...

the state of residency is...

Noninstitutionalized (any age),

• the state the individual is living in, with the intent to remain permanently or for an indefinite period.

Institutionalized, age 21 or over,

• capable of indicating intent,

• the state where the individual is living with the intention to remain permanently or for an indefinite period.

• became incapable of indicating intent at or after age 21,

• the state in which the individual physically resides.

 Exception: If another state placed the individual, the state of residence remains with the placing state.

• became incapable of indicating intent before age 21,

• the parent or legal guardian’s state of residence at the time of placement.

- If there are two parents living in different states, use the state of residence of the parent filing the application for assistance.

- If a legal guardian has been appointed and parental rights terminated, use the legal guardian’s state of residence.

- If there is both a legal guardian of the person and a financial guardian, use the legal guardian of the person to establish residency.

• the state where the person who files the application resides, if the individual has been abandoned, the child’s parent has died, or someone other than a parent or guardian has placed the child..

Institutionalized, under age 21:

• Emancipated, or married and capable of indicating intent,

• the state in which the individual physically resides.

• Incapable of indicating intent,

• the parent or legal guardian’s state of residence at the time of placement.

- If there are two parents living in different states, use the state of residence of the parent filing the application for assistance.

- If a legal guardian has been appointed and parental rights terminated, use the legal guardian’s state of residence.

- If there is both a legal guardian for the child and a financial guardian, use the legal guardian’s state of residence to establish residency.

• the state where the person who filed the application resides, if the child has been abandoned, the child’s parent has died, or someone other than a parent or guardian has placed the child.